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Guest column: Written contracts would bind players to WSU, create path for stability in transfer portal era

By Mark Pinch

Special to The Spokesman-Review

It has been a tough stretch for Washington State University football with so many players and coaches leaving.

We all know it’s a new era for professional college sports, especially football.

The unbridled NIL money, coupled with the transfer portal, is a death knell for universities outside of the power conferences. They are quickly becoming minor -league farm teams for the richest schools in the richest media markets. As former head coach Jake Dickert said recently, “The NIL and the portal are crushing WSU.”

Sadly, there is no state or federal governance, nor appropriate engagement from the NCAA.

WSU, like so many other universities, has been blindsided. But now, the handwriting is on the wall. It is time to walk a bold new path.

Let’s please not be naive anymore. We are talking about big money here and equally big losses. All on a handshake.

It is time for WSU to have real contracts in place for every player. There has to be negotiated fairness between the players and the university – in writing. It is obvious when you think about it. The coaches have written contracts with buyout clauses. It is mandatory now that players have contracts with similar provisions.

When a college athlete chooses to enter the transfer portal, he stands to make a great gain. What does the university get? A major loss. Not fair. And it is clearly a measurable loss.

That would not be the case if players were required to sign a contract with firm two- or three-year terms. The proposed contracts would include buyout clauses to determine monetary damages for breach.

For example, WSU’s starting quarterback, John Mateer, left for Oklahoma last week for a lucrative NIL deal. For sheer numbers sake, let’s assume the deal pays him $1.5 million per year for two years. That now becomes his market value, and accordingly, the amount of WSU’s loss. So in this case, Oklahoma would be on the hook to Wazzu for $3 million.

In the NFL, players just don’t move around willy-nilly to the highest bidder anytime they want. That’s crazy. There are contracts in place that must be honored.

And it’s how it should be in college football. How about the more than two dozen players now leaving WSU that have little or no NIL value?

With written deals in place, they’d be bound contractually to WSU, and rather than being able to jump in the portal to fish for different opportunities, they’d have to negotiate with the coaches and the university to get out of those pacts.

This could be a game-changer for schools like WSU that have proven track records for developing players.

Whether the schools agree to let the players depart would be up to coaches, who would regain some control over their team’s future.

Henceforth, WSU needs contracts for all players.

The school has committed to providing athletes upgraded training facilities, room and board and a free college education – in addition to national exposure from television and benefits from NIL.

WSU is a public university that uses the public’s money to make major commitments to these young, unproven players.

These new contracts would require players’ commitments, as well.

If a player chooses to not sign the contract, he would not play for WSU. If a player chooses to break the contract, damages would be paid to the school. Accordingly, the university’s promises to the athlete, including NIL money, must be honored as well.

The effects of WSU walking this bold new path would be positive and far reaching. It would slow the transfer portal down to a crawl.

As the practice of player contracts eventually spreads to other universities across the country, a new industry would emerge consisting of agents and attorneys all negotiating in a spirit of fairness. All of this would be the result of strong WSU leadership now.

WSU is a great university that has always played surprisingly well over its heads. Let’s make sure WSU does not get crushed by bad evolution.

Mark Pinch, a CPA and Certified Commercial Investment Member, is past president and owner of NAI Black Commercial Real Estate. A graduate of Central Valley High School and Western Washington University, he also has a master’s degree from Eastern Washington while also being a lifelong WSU fan.
 
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Guest column: Written contracts would bind players to WSU, create path for stability in transfer portal era

By Mark Pinch

Special to The Spokesman-Review

It is time for WSU to have real contracts in place for every player. The coaches have written contracts with buyout clauses. It is mandatory now that players have contracts with similar provisions.

That would not be the case if players were required to sign a contract with firm two- or three-year terms. The proposed contracts would include buyout clauses to determine monetary damages for breach.

Henceforth, WSU needs contracts for all players.

WSU is a public university
that uses the public’s money to make major commitments to these young, unproven players.

These new contracts would require players’ commitments, as well.

The effects of WSU walking this bold new path would be positive and far reaching. It would slow the transfer portal down to a crawl.

As the practice of player contracts eventually spreads to other universities across the country, a new industry would emerge consisting of agents and attorneys all negotiating in a spirit of fairness. All of this would be the result of strong WSU leadership now.

Mark Pinch, a CPA and A graduate of Western Washington University, he also has a master’s degree from Eastern Washington while also being a lifelong WSU fan.
I managed to keep those pigs from flying out of my ass a couple days ago, but they are getting restless again after reading this. This well-meaning guy must have found and consumed a bag of shrooms from his WWU days. While in theory (aka Fantasyland) his thoughts are quite meritorious, in reality they are nonsensical.

Neither WSU or any lesser school is going to walk some "bold new path" that will "spread...across the country". I almost spit coffee out of my nose at the "agents and attorneys all negotiating in a spirit of fairness." part. Yes, WSU will rise from the ashes and singlehandedly lead the College Football world to a new reality.

Noble try, my friend. You CPA types are sort of known for being in your own little world. Mentally lost ever since those 13 columns got replaced by all that nasty technology. :(
 
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I managed to keep those pigs from flying out of my ass a couple days ago, but they are getting restless again after reading this. This well-meaning guy must have found and consumed a bag of shrooms from his WWU days. While in theory (aka Fantasyland) his thoughts are quite meritorious, in reality they are nonsensical.

Neither WSU or any lesser school is going to walk some "bold new path" that will "spread...across the country". I almost spit coffee out of my nose at the "agents and attorneys all negotiating in a spirit of fairness." part. Yes, WSU will rise from the ashes and singlehandedly lead the College Football world to a new reality.

Noble try, my friend. You CPA types are sort of known for being in your own little world. Mentally lost ever since those 13 columns got replaced by all that nasty technology. :(
Mark Pinch is a CPA (not his active profession) but he is a developer who has worked on some of the largest projects in Spokane over the last 40 years. If anyone knows how to negotiate a contract, it is he.

Why would contracts not be a viable route to clearly spell out the obligations of both parties?
 
Mark Pinch is a CPA (not his active profession) but he is a developer who has worked on some of the largest projects in Spokane over the last 40 years. If anyone knows how to negotiate a contract, it is he.

Why would contracts not be a viable route to clearly spell out the obligations of both parties?
That's not the point of course.

Why would a student-athlete (I think we're still supposed to call them that) sign anything like that when every other school in the country is not doing that? Would you sign your life away to an employer when another employer doesn't require that and is willing to pay the same or better?
 
Mark Pinch is a CPA (not his active profession) but he is a developer who has worked on some of the largest projects in Spokane over the last 40 years. If anyone knows how to negotiate a contract, it is he.

Why would contracts not be a viable route to clearly spell out the obligations of both parties?
Hope he's not in charge of that North-South freeway/bypass.

I think my mirthful points were lost here. The point is, WSU singlehandedly making player contracts "mandatory", thus slowing the portal to a crawl and ushering in a legion of agents and blood-sucking leeches (oops I mean attorneys) who will negotiate in a "spirit of fairness" is the most well-meaning but ridiculous thing I have ever read.

Yes, contracts would be great. His ideas are great. So is Peace on Earth and Goodwill to all Men (women too).
 
I don't think it has any chance by one university going it alone, however, it should absolutely be done on an across-the-board scale.

College football is by far the second most popular sport and money-maker in the country and is nothing more than an employee/employer arrangement. To make his model work the student part must be expunged. They then simply become the front and center primary marketing aspect of the university. The university (or a group of investors) own the team.

Competitive balance would have to be negotiated amongst fellow members of an association of schools that wish to comete with each other within a "league" or conference. That's all I have to say about that
 
I don't think it has any chance by one university going it alone, however, it should absolutely be done on an across-the-board scale.

College football is by far the second most popular sport and money-maker in the country and is nothing more than an employee/employer arrangement. To make his model work the student part must be expunged. They then simply become the front and center primary marketing aspect of the university. The university (or a group of investors) own the team.

Competitive balance would have to be negotiated amongst fellow members of an association of schools that wish to comete with each other within a "league" or conference. That's all I have to say about that
Correct -- and the new/improved Pac 12 could feasibly take the lead on that.
 
This would work, if everyone did it. If it was just WSU offering binding contracts to players, we simply wouldn't get anyone to sign...unless they had no other prospects to begin with.
 
This would work, if everyone did it. If it was just WSU offering binding contracts to players, we simply wouldn't get anyone to sign...unless they had no other prospects to begin with.
WSU is not the only one getting decimated by NIL and huge chunks of their roster getting gutted at the end of the season.

It would take some leadership - and obviously WSU doesn't have that right now.
 
WSU is not the only one getting decimated by NIL and huge chunks of their roster getting gutted at the end of the season.

It would take some leadership - and obviously WSU doesn't have that right now.
Not just leadership internally. This would require building a coalition of schools/teams, all of whom sign into a binding agreement that they’ll enforce binding agreements. It would basically mean forming an association outside of the NCAA.
I don’t have a problem with that. I just don’t think it’ll happen.
 
The new Pac should be addressing issues of competitiveness and parity to promote the success of the league. If the NFL has done anything, it has found a way to create compelling TV with a live studio audience.

Roster limit of 70.
No school collectives. Find your own deals.
No in conference transfers.
No bounce back transfers.
Four years and done. No appeals, no redshirts, no greyshirts, no medical redshirts. Four years means four fcking years.
Minimum gpa and test score requirement to enter the league. That goes for high school, out of conference transfers and juco players.
Minimum gpa and degree coursework requirement to stay in the league.

There are more schools like WSU than big spending schools. It isn’t sustainable to demand that your fans pay for your labor OR for the school to provide all that it does and then cut the revenue with players.
 
Guest column: Written contracts would bind players to WSU, create path for stability in transfer portal era

By Mark Pinch

Special to The Spokesman-Review

It has been a tough stretch for Washington State University football with so many players and coaches leaving.

We all know it’s a new era for professional college sports, especially football.

The unbridled NIL money, coupled with the transfer portal, is a death knell for universities outside of the power conferences. They are quickly becoming minor -league farm teams for the richest schools in the richest media markets. As former head coach Jake Dickert said recently, “The NIL and the portal are crushing WSU.”

Sadly, there is no state or federal governance, nor appropriate engagement from the NCAA.

WSU, like so many other universities, has been blindsided. But now, the handwriting is on the wall. It is time to walk a bold new path.

Let’s please not be naive anymore. We are talking about big money here and equally big losses. All on a handshake.

It is time for WSU to have real contracts in place for every player. There has to be negotiated fairness between the players and the university – in writing. It is obvious when you think about it. The coaches have written contracts with buyout clauses. It is mandatory now that players have contracts with similar provisions.

When a college athlete chooses to enter the transfer portal, he stands to make a great gain. What does the university get? A major loss. Not fair. And it is clearly a measurable loss.

That would not be the case if players were required to sign a contract with firm two- or three-year terms. The proposed contracts would include buyout clauses to determine monetary damages for breach.

For example, WSU’s starting quarterback, John Mateer, left for Oklahoma last week for a lucrative NIL deal. For sheer numbers sake, let’s assume the deal pays him $1.5 million per year for two years. That now becomes his market value, and accordingly, the amount of WSU’s loss. So in this case, Oklahoma would be on the hook to Wazzu for $3 million.

In the NFL, players just don’t move around willy-nilly to the highest bidder anytime they want. That’s crazy. There are contracts in place that must be honored.

And it’s how it should be in college football. How about the more than two dozen players now leaving WSU that have little or no NIL value?

With written deals in place, they’d be bound contractually to WSU, and rather than being able to jump in the portal to fish for different opportunities, they’d have to negotiate with the coaches and the university to get out of those pacts.

This could be a game-changer for schools like WSU that have proven track records for developing players.

Whether the schools agree to let the players depart would be up to coaches, who would regain some control over their team’s future.

Henceforth, WSU needs contracts for all players.

The school has committed to providing athletes upgraded training facilities, room and board and a free college education – in addition to national exposure from television and benefits from NIL.

WSU is a public university that uses the public’s money to make major commitments to these young, unproven players.

These new contracts would require players’ commitments, as well.

If a player chooses to not sign the contract, he would not play for WSU. If a player chooses to break the contract, damages would be paid to the school. Accordingly, the university’s promises to the athlete, including NIL money, must be honored as well.

The effects of WSU walking this bold new path would be positive and far reaching. It would slow the transfer portal down to a crawl.

As the practice of player contracts eventually spreads to other universities across the country, a new industry would emerge consisting of agents and attorneys all negotiating in a spirit of fairness. All of this would be the result of strong WSU leadership now.

WSU is a great university that has always played surprisingly well over its heads. Let’s make sure WSU does not get crushed by bad evolution.

Mark Pinch, a CPA and Certified Commercial Investment Member, is past president and owner of NAI Black Commercial Real Estate. A graduate of Central Valley High School and Western Washington University, he also has a master’s degree from Eastern Washington while also being a lifelong WSU fan.
Yes. Such an obvious solution. We need to stop this madness NOW.

I see our transfer LB is now a Husky. Coach Fisch seems like he's is a sleazeball anyway. Just another reason to dislike him.
 
solution: Private Equity

It’s coming whether you like it or not so, Let’s Fuc***g Go!

Be bold, be first. Profit.
Hard no. It was nothing more than Larry Scott trying to save his job, or at least getting a little more time on the payroll.
 
Get ready. It’s coming. We don’t have to like it, but we don’t have to spite it either seems to me we’ve been doing that long enough.

#BEFIRST
 
I foresee that there's going to a lot of attorney's involved with future legal action.

When a player portals out, there would be a so-called buyout clause. What if the receiving school or player who leaves breaches the agreement?

Legal action.

Just because you have a contract or an agreement, doesn't mean everything is peachy. Expect a fair amount expensive legal action, outside the court. It all adds up.

What a mess.
 
Get ready. It’s coming. We don’t have to like it, but we don’t have to spite it either seems to me we’ve been doing that long enough.

#BEFIRST
So, answer me these questions:

1. What is the exit strategy? Investors want their returns and principal back in five years max, and if it's not at least ten percent annualized, there are better options to pursue.
2. How does private equity acquire public assets that are often right in the middle of college campuses? Is a student going to have to pay a toll for using the sidewalk to between the FOB and the practice field to go to and from class?
3. How do you realize the aforementioned 10 percent annualized return? The current model of state universities and nonprofits (private schools) doesn't work for investors. There is no equity vehicle for investment. The IRS, each state department of revenue, county, city, irrigation districts, fire districts and other taxing entities are going to get their share.
4. And last but not least, are we interested in private equity sucking every penny of value out of what we now call the Athletic Department and leaving an empty husk?

"Private equity" gets thrown around by goons like Larry Scott like it's some kind of cure all. That is not the case.
 
No way WSU leads this charge but contracts are coming. Donors are not going to keep spending the money they are on players without any obligations from the players. We are 1-2 seasons away
It’ll happen when big recruits with big NIL packages shun a blue blood school because someone else offered a bigger NIL package.

When that happens, the donors will start setting up deals contingent on the player staying.
 
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It’ll happen when big recruits with big NIL packages shun a blue blood school because someone else offered a bigger NIL package.

When that happens, the donors will start setting up deals contingent on the player staying.
I'm surprised it hasn't happened already with how fast this is moving.
 
It’ll happen when big recruits with big NIL packages shun a blue blood school because someone else offered a bigger NIL package.

When that happens, the donors will start setting up deals contingent on the player staying.
I think it’ll get blown up when the collusion between schools is exposed. The B$G and $EC don’t want to poach each other or in-league, so they’ll have inside agreements not to do so. This will be exposed and bring down the house of cards.
 
I think it’ll get blown up when the collusion between schools is exposed. The B$G and $EC don’t want to poach each other or in-league, so they’ll have inside agreements not to do so. This will be exposed and bring down the house of cards.
Who is going to be the authority that will bring them down?

The NCAA has shown themselves to be 1000% ineffective in administering any type of authority or enforce any rules. The Pussy2 conferences have openly colluded to make one power conference that would exclude the rest of football and center all the money on them - not a peep from the NCAA. The current NIL/ Portal situation is untenable by anyone not in the top third of the Pussy2 conference, creating a chasm of inequity that is impossible for any of the have-nots to overcome, and not even a statement from the NCAA.

Should something be done? Of course, but who in the hell is going to do it? How much dirty money is Mark Emmert/Charlie Baker getting paid to sit on their hands?
 
The new Pac should be addressing issues of competitiveness and parity to promote the success of the league. If the NFL has done anything, it has found a way to create compelling TV with a live studio audience.

Roster limit of 70.
No school collectives. Find your own deals.
No in conference transfers.
No bounce back transfers.
Four years and done. No appeals, no redshirts, no greyshirts, no medical redshirts. Four years means four fcking years.
Minimum gpa and test score requirement to enter the league. That goes for high school, out of conference transfers and juco players.
Minimum gpa and degree coursework requirement to stay in the league.

There are more schools like WSU than big spending schools. It isn’t sustainable to demand that your fans pay for your labor OR for the school to provide all that it does and then cut the revenue with players.
Can’t wait.

Everyone else in College football will be at 105 scholarships + NIL and soon, revenue sharing.

Let’s flash “Principals”, no money, no player mobility and non-competitiveness all from a remote location with limited TV exposure.

That’ll show ‘em!
 
So, answer me these questions:

1. What is the exit strategy? Investors want their returns and principal back in five years max, and if it's not at least ten percent annualized, there are better options to pursue.
2. How does private equity acquire public assets that are often right in the middle of college campuses? Is a student going to have to pay a toll for using the sidewalk to between the FOB and the practice field to go to and from class?
3. How do you realize the aforementioned 10 percent annualized return? The current model of state universities and nonprofits (private schools) doesn't work for investors. There is no equity vehicle for investment. The IRS, each state department of revenue, county, city, irrigation districts, fire districts and other taxing entities are going to get their share.
4. And last but not least, are we interested in private equity sucking every penny of value out of what we now call the Athletic Department and leaving an empty husk?

"Private equity" gets thrown around by goons like Larry Scott like it's some kind of cure all. That is not the case.
1. No exit strategy. Just Full Speed Ahead!

2. School leases all athletic facilities for $1 in exchange for the Massive Revenue Projections (truly eye 👁️ popping estimates) in the proposal.

3. If the projections of Riches aren’t enuff, re-work the estimates. Re-define the variables.

4. Yes, duh 🙄
 
Who is going to be the authority that will bring them down?

The NCAA has shown themselves to be 1000% ineffective in administering any type of authority or enforce any rules. The Pussy2 conferences have openly colluded to make one power conference that would exclude the rest of football and center all the money on them - not a peep from the NCAA. The current NIL/ Portal situation is untenable by anyone not in the top third of the Pussy2 conference, creating a chasm of inequity that is impossible for any of the have-nots to overcome, and not even a statement from the NCAA.

Should something be done? Of course, but who in the hell is going to do it? How much dirty money is Mark Emmert/Charlie Baker getting paid to sit on their hands?
You do realize that after helping create this disaster, Mark Emmert stepped down from the NCAA in March, 2023.

 
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